(a) When a criminal action has been finally determined, the trial court shall, upon application of the person entitled to the possession of any of the property in the custody of the court or a law enforcement agency, order the
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property released to that person unless good cause to the contrary is shown by the Attorney General. The court shall give notice and an opportunity to be heard to the Attorney General and to the person from whom the property was seized when the application for release is filed by another person. (b) After the expiration of six months following the final determination of the criminal action, the trial court may make an order regarding any property which has not been released under Subsection (a) as follows: (1) Property needed in any other criminal action or kept for historical purposes shall be retained. (2) Property, the possession of which is prohibited by law, shall be delivered to the Attorney General for destruction or other disposition. (3) Money shall be deposited in the general fund of the Territory. (4) All other property shall be delivered to the Treasurer of the Territory who may retain it for public use by the Territory, sell it according to law, or destroy any property which is unusable. (c) Thirty days prior to any order under Subsection (b), the clerk of the court shall have published one time in a newspaper of general circulation in the Territory, a description of the property which will be finally disposed of by court order unless the property is claimed in accordance with this Section. NOTE: Section 150.50 replaces, expands and fulfills the Ahousekeeping@ function performed by former § 1411. Section 2. This Code shall become operative on January 1, 1978, and shall govern all proceedings in criminal actions commenced on or after that date and so far as just and practicable further proceedings in criminal actions pending on that date. Section 3. This act shall become operative only if Bill Numbers 661 and 663 are chartered and become operative January 1, 1978, and, in such case become operative at the same time as Bill Numbers 661 and 663. Except as otherwise provided, this Code does not apply to proceedings in criminal actions commenced before its operative date and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this Code were not in force. NOTE: Section 2 of this Act provides for a delayed operation date of January 1, 1978. The original operative date was July 1, 1977, but due to the fact that this Code was not published, nor contracted for publishing until approximately that date, the Legislature, by Public Law 14-41, extended the time before which this, and the Criminal & Correctional Code would become effective.
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With respect to the effect of this Code after its operative date, this Section is substantively the same as Rule 59 of the Federal Rules of Criminal Procedure, i.e., the code applies to all proceedings commenced after the operative date and although not retroactive, it does apply so far as is possible, to proceedings, although not cases, commenced after the effective date, even if the cases commenced earlier. For example, if a case was filed before the operative date, but trial commenced after the operative date, this Code would apply to the selection and composition of the jurors.
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